2 Colo. Code Regs. § 406-3-303

Current through Register Vol. 48, No. 1, January 10, 2025

Section 2 CCR 406-3-303 - Manner of Take:

The following are legal methods of take for game species listed in this chapter. Any method of take not listed herein shall be prohibited, except as otherwise provided by Statute or Commission regulation or by 35-40-100.2 -115, C.R.S.

A.Special Conditions

1. Contests involving black-tailed, white-tailed and Gunnison's prairie dogs, Wyoming (Richardson's) ground squirrel, or Furbearers are prohibited.

a. For the purpose of these regulations, a contest is any competitive event where money or other valuable prizes are awarded for the taking of such small game and furbearers. "Valuable prizes" shall not include certificates or other similar tokens of recognition not having any significant monetary value.

b. Commercial and noncommercial wildlife parks and field trials licensed by the Division are exempt from these provisions.

2.Live Capture

a. Furbearers captured in live traps cannot be moved from the capture site and must be killed or released on site when the trap is checked.

3.Accidental Capture- Except for Canada lynx, which are subject to the provisions of Chapter 10, any person accidentally trapping any wildlife for which the trapping season is closed or for which trapping is not a legal manner of taking, shall, in the event of live capture of such wildlife, release such wildlife immediately. Nothing in this section permits the killing of such accidentally captured wildlife, unless the wildlife cannot be released without human endangerment. In the event of mortality resulting from such accidental capture, the carcass of such wildlife shall be delivered to a Division wildlife officer or office within five (5) days. Failure to deliver the carcass shall be prima facie evidence of unlawful possession of such wildlife. Provided further that any trapper who complies with this provision shall not be charged with illegal possession of such accidentally captured wildlife.

4.Non-toxic shot requirements

a. Arapaho National Wildlife Refuge (Jackson County).

No person shall use or possess shot (either in shot-shells or as loose shot for muzzle-loading) other than non-toxic shot while taking or attempting to take any resident small game species with a shotgun. "Non-toxic shot"- means any shot type approved for use to take migratory game birds by the US Fish and Wildlife Service as set forth in #500 of these regulations.

5.Labeling of traps - All live traps (limited to cage or box traps) placed on public lands must be labeled permanently and legibly with the trapper's Customer Identification Number (CID) in a location that is visible without having to manipulate the live trap in any way. If the trapper does not have a CID, all live traps placed on public lands must be labeled with the trapper's name. Live traps not properly labeled may be confiscated by any Wildlife Officer.

B.Game Mammals

1. Any rifle or handgun.

2. Any shotgun not larger than 10 gauge, incapable of holding more than three (3) shells in magazine and chamber combined.

3. Handheld bows and crossbows.

4. Air guns and slingshots.

5. Hawking

C.Game Birds, except Migratory Birds

1. Any rifle or handgun for dusky (blue) grouse, ptarmigan or turkey during the fall and late seasons. Rifles and handguns used for the taking of turkeys shall use bullets of at least seventeen (17) grains in weight, with a manufacturer's energy rating of at least one-hundred ten (110) foot pounds at one-hundred (100) yards from the muzzle.

2. Shotguns not larger than 10 gauge not firing a single slug, and incapable of holding more than three (3) shells in the magazine and chamber combined. No shot (lead or steel) larger than size #2 shall be used to hunt turkey.

3. Handheld bows and crossbows.

4. Air guns and slingshots for dusky (blue) grouse and ptarmigan. Pre-charged pneumatic air guns .25 caliber or larger during the fall or late seasons for turkey.

5. Hawking.

6. Artificial decoys and calls, except recorded or electrically amplified calls or sounds; for turkey.

D.Species listed in #300(D)(3).

1. Any method not otherwise prohibited.

E.Furbearers

1. Any rifle or handgun.

2. Any shotgun.

3. Handheld bows and crossbows.

4. Any air gun, except that for coyote or bobcat the air gun must be a pre-charged pneumatic air gun .25 caliber or larger.

5. Live traps, limited to cage or box traps. All live-trapped wildlife shall be released immediately or dispatched by any legal method of take for that species in regulations #303.E.1-4. If local ordinances or public safety prohibit all legal methods of take from being used, American Veterinary Medical Association Guidelines for Euthanasia of Free-Ranging Wildlife, as provided in S7.6 of the 2013 edition of the AVMA Guidelines for Euthanasia of Animals, may alternatively be used to the extent allowable by law.

6. Electronic call devices.

7.Artificial light (private land) may be used at night to take beaver, bobcat, coyote, gray fox, raccoon, red fox, striped skunk and swift fox on private land with written permission of the landowner, designated agent, lessee, or authorized employee.

8.Artificial light (public land) may be used at night to take beaver, bobcat, coyote, gray fox, raccoon, red fox, striped skunk and swift fox on public lands by permit only, as follows:

a. Each permit shall be valid only for the time, species, and location specified on the permit. No permit will be valid during any deer, elk or pronghorn rifle season or during the 24 hour period prior to the opening weekend; nor during the opening weekend of any grouse, pheasant, quail, turkey or waterfowl season in those areas where such seasons are in progress.

b. An artificial light which is permanently attached to, or projected from within a vehicle is prohibited.

c. Taking shall not be permitted within 500 yards of a dwelling, building, or other structure, or in any area of public concentration where human safety would be jeopardized.

d. Such permit shall be carried while hunting and available for inspection upon demand.

e. Area wildlife managers and district wildlife managers may deny a permit where there is a potential that night hunting activities may result in significant adverse impact on wildlife resources by causing movement of large numbers of big game or otherwise.

Provided further that night hunting permits for bobcat will not be issued on public lands in the Canada lynx recovery area where Canada lynx are known to be present. When one Canada lynx has been taken by a bobcat hunter during the current year's hunting season no night hunting permits for bobcat will be issued for the remainder of the calendar year in the Canada lynx recovery area or in the area outside the Canada lynx recovery area where the Canada lynx was taken. In such instance, any night hunting permits for bobcat already issued under this provision shall be terminated.

f. A permit shall not be required of any person, member of the person's family, lessee, designated agent, authorized employee, or identified designee with written authorization when necessary to protect such person's property. Refer to Chapter W-17, Damage Caused by Wildlife for applicable regulations.

9.Baits

a. Furbearers may be taken with the aid of baiting. Where permitted, baits shall consist solely of material of animal or plant origin and shall not contain any materials of metal, glass, porcelain, plastic, cardboard or paper. Wildlife used as bait shall be the carcass, or parts thereof, of legally taken furbearers, carp, shad, white and longnose suckers, and nonedible portions of legally obtained game mammals, birds and game fish.

2 CCR 406-3-303

37 CR 15, August 10, 2014, effective 9/1/2014

37 CR 23, December 10, 2014, effective 1/1/2015

38 CR 15, August 10, 2015, effective 9/1/2015

38 CR 23, December 10, 2015, effective 1/1/2016

39 CR 07, April 10, 2016, effective 5/1/2016

39 CR 23, December 10, 2016, effective 1/1/2017

40 CR 03, February 10, 2017, effective 3/2/2017

40 CR 11, June 10, 2017, effective 7/1/2017

40 CR 23, December 10, 2017, effective 1/1/2018

41 CR 03, February 10, 2018, effective 3/2/2018

41 CR 07, April 10, 2018, effective 5/1/2018

41 CR 23, December 10, 2018, effective 1/1/2019

42 CR 11, June 10, 2019, effective 7/1/2019

42 CR 23, December 10, 2019, effective 1/1/2020

43 CR 03, February 10, 2020, effective 3/1/2020

43 CR 11, June 10, 2020, effective 6/30/2020

43 CR 15, August 10, 2020, effective 9/1/2020

44 CR 03, February 10, 2021, effective 3/2/2021

44 CR 07, April 10, 2021, effective 5/1/2021

44 CR 19, October 10, 2021, effective 11/1/2021

44 CR 23, December 10, 2021, effective 1/1/2022

45 CR 07, April 10, 2022, effective 5/1/2022

45 CR 15, August 10, 2022, effective 9/1/2022

45 CR 23, December 10, 2022, effective 1/1/2023

46 CR 03, February 10, 2022, effective 3/2/2023

46 CR 07, April 10, 2023, effective 5/1/2023